While people are still adjusting to the changes brought upon by the Coronavirus pandemic, many are looking to ensure their children’s protection. However, this can be difficult for families of divorce to navigate. For example, there are many people who wish to leave the state of New York, the virus’ epicenter. But when parents share custody of their children, what can they do? During this time, it is important to keep New York’s relocation laws in mind. Continue reading below and contact an experienced New York family law attorney to learn more.
What are New York’s Relocation Laws?
Residents of New York who are divorced and wish to leave the state with their child cannot simply do so on their own. Instead, they need the permission of either the other parent or the court. If one parent wants to move and the other resists, a court order must be obtained. It is crucial that this is done and the parent does not just move anyway, as it can result in limitations of their rights to child custody.
When presented with the case, the court will consider a variety of factors regarding whether or not the relocation is in the child’s best interests. Some factors that will be considered can include the following:
- Whether the parent is moving to live with a new spouse
- Whether the parent is pursuing higher education or a new job
- Whether the parents is moving to significantly improve the quality of their family’s life
- Whether the parent is moving to keep the child or family safe
- Whether the parent or child is in need dire medical treatment
- Whether the parent wishes to move closer to their extended family
In addition to this, the court may consider the following additional factors:
- Whether the child has a preference, if he or she is mature enough to make that decision
- The reasoning for the move, or the former spouse’s reasoning for opposing the move
- Whether the former spouse is capable of relocating as well
- The opportunities available for the child in the new location
- How the move will overall affect the quality of the child’s life
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.